Acceptance of Terms of Use

Please review the following terms and conditions carefully. This agreement is a legally binding contract between you (“You” or “Your”) and Hope for the Heart (“HFTH,” “We,” or “Us”) regarding Your access to and use of the HFTH website (the “Site”). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. HFTH reserves the right to change these terms and conditions from time to time at its sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes Your agreement to follow and be bound by the terms and conditions as changed.

Your Conduct – You agree not to:

a. upload, transmit, post, e-mail, or otherwise make available to the Site any content or other material in any format that: (x) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, libelous, and/or otherwise objectionable; (y) infringes any third party’s intellectual property; or (z) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware equipment;

b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;

c. impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d. attempt, through any means, to gain unauthorized access to the Site; or

e. use any robot, spider, other automatic device, or manual process to monitor or copy Web pages or the content contained herein without our prior expressed written permission.

The use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. You may not disclose or share Your password with any third parties or use Your password for any unauthorized purpose. In any case, You remain solely responsible for any authorized or unauthorized use of Your password.

Proprietary Rights Restrictions

All material on the Site including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images, or other materials (collectively, the “Materials”), whether publicly posted or privately transmitted, as well as all derivative works, is owned by HFTH or other parties that have licensed their material to HFTH and is protected by copyright, trademark, and other intellectual property laws. HFTH disclaims any proprietary interest in trademarks, service marks, logos, slogans, domain names, and trade names other than its own. Trademarks, logos, images, and service marks displayed on the Site are the property of either HFTH or other third parties. You agree not to display or use such marks without HFTH’s prior written permission.

The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any website or networked computer environment, or use of the Materials for any purpose other than personal, noncommercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited. Additionally, the use of any device, software, or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited.

Links to Other Websites

If any link is offered connecting You to a third-party website, it is as an accommodation to the respective third-party site owner and without charge. Websites linked to and from this Site are not necessarily under the control of HFTH, and HFTH shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. HFTH does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If You decide to access any of the third-party sites linked to this Site, You do so entirely at Your own risk.

Risk of Loss

All products purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Disclaimer of Warranties

THE SITE, AND THE CONTENTS THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET ENJOYMENT, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR DAMAGE OR LOSS CAUSED OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED, OR REFERENCED ON THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HFTH OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HERE. HFTH MAKES NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. ADDITIONALLY, THE SITE MAY BE UNAVAILABLE UNEXPECTEDLY AS A RESULT OF ERRORS OR CIRCUMSTANCES BEYOND OUR CONTROL.

SELF-HELP INFORMATION AND INFORMATION FROM THIS SITE IS USEFUL, BUT IT IS NOT A SUBSTITUTE FOR PROFESSIONAL ASSISTANCE. THE PURPOSE OF HOPE FOR THE HEART AND THIS SITE IS TO OFFER RESOURCES AND INFORMATION TO THOSE DEALING WITH CERTAIN PERSONAL ISSUES. WE CANNOT, AND WILL NOT, ASSUME THE ROLE OF YOUR PHYSICIAN OR THERAPIST. THE INFORMATION CONTAINED ON THE SITE OR ANY TRANSMISSION OR RESPONSE TO A MESSAGE FROM YOU, THE SENDER, IS NOT INTENDED NOR IMPLIED TO QUALIFY AS MEDICAL ADVICE, DIAGNOSIS OF A MEDICAL CONDITION, OR TREATMENT FOR ANY MEDICAL CONDITION. ANY QUESTIONS DISCUSSED VIA THIS SITE OR THE HOPE IN THE NIGHT RADIO PROGRAM SHOULD NOT BE CONSTRUED AS PSYCHOLOGICAL COUNSELING OR ANY EMOTIONAL OR MENTAL HEALTH DIAGNOSIS OR TREATMENT. WE ARE NOT MEDICAL PROFESSIONALS. NEITHER JUNE HUNT NOR HOPE FOR THE HEART IMPARTS, DISPENSES, OR OFFERS, EITHER DIRECTLY OR INDIRECTLY, PSYCHOLOGICAL OR MEDICAL ADVICE AS PART OF THIS SERVICE. USERS SHOULD ALWAYS VISIT OR SPEAK TO A QUALIFIED HEALTH SERVICE PROVIDER IN PERSON BEFORE STARTING ANY NEW TREATMENT OR WITH ANY INDIVIDUAL QUESTIONS OR CONCERNS REGARDING A PSYCHOLOGICAL OR MEDICAL CONDITION.

Limitation of Liability

HFTH SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF THE USE OF THE SITE, THE CONTENT ON THE SITE, THIRD-PARTY WEBSITES LINKED TO THIS SITE AND THE CONTENT THEREIN, GOODS AND/OR SERVICES PROVIDED BY ANY THIRD-PARTY THROUGH THE SITE, OR THE INABILITY TO USE THE SITE AND CONTENT CONTAINED THEREIN, INCLUDING, BUT NOT NECESSARILY LIMITED TO, LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE SOLE AND MAXIMUM LIABILITY TO HFTH ARISING FROM ANY PRODUCT SOLD ON THE SITE SHALL BE THE PRICE OF THE PRODUCT ORDERED.

Indemnification

You agree to indemnify, hold harmless, and release HFTH, its officers, agents, licensees, co-branders or other partners, and employees from and against any and all claims, damages, costs, and expenses, including attorney’s fees, arising from or related to Your use of the Site and/or any content contained therein.

Changes to the Site

HFTH reserves the right to modify, suspend, or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. The Site is currently accessible to users without charge; however, HFTH reserves the right to charge users for access to or use of any portion of the Site in the future. These Terms of Use may be modified by HFTH at any time. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.

Governing Law; Consent to Jurisdiction

You agree that these Terms of Use are governed by the laws of the State of Texas and that proper and convenient venue lies exclusively with the courts of Dallas County, Texas. You agree to be subject to the personal jurisdiction of the State and Federal courts sitting in or having jurisdiction over Dallas County, Texas, U.S.A., in the event that any litigation results concerning any aspect arising out of these Terms of Use.

HFTH Privacy Policy

Online information collected and certain other information about You is subject to our Privacy Policy. For more information, please see our full privacy policy.

Miscellaneous

This Terms of Use constitutes the entire agreement between You and HFTH with respect to the Site. If any provision of this Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS TERMS OF USE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND HFTH, WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND HFTH RELATING TO YOUR USE OF THE SITE.

If You have any questions or comments about our Terms of Use, You can contact us at webservant@hopefortheheart.org.